Bonum Certa Men Certa

Say 'Hey Hi' to Software Patents

AI hype at EPO



Summary: Using the "AI" ("HEY HI") hype the 'community' of patent maximalists hopes that every little (and possibly very old) algorithm will suddenly sound amazing and innovative -- to the point where it becomes unthinkable to deny a patent monopoly on it

SEEING That 35 U.S.C. €§ 101 is likely secure in the United States (the courts more so than the USPTO), we've decided to leave that aside for the most part. Instead we focus on patent policy in Europe, which got a lot worse under Battistelli. Software patents aren't just promoted "as such"; they're being blatantly promoted as "4IR", "AI", "blockchain" and so on...

Got a buzzword? You name it! The European Patent Office (EPO) will scrape the deep well of cash repository (applicants fees) and pay European media to spread that buzzword in relation to patents. This was done already. We covered that.

"By today's definition of it, I've done "HEY HI" since I was 20, but we never called it that. We called those algorithms all sorts of other things."One of the most pervasive hype waves at the moment is "AI", which we call "HEY HI" as means of ridicule. We ridicule the term for the most part; it has become utterly ridiculous and it covers just about everything, in the same way "cloud" and "smart" do. By today's definition of it, I've done "HEY HI" since I was 20, but we never called it that. We called those algorithms all sorts of other things. Terms like "machine vision" or "game theory" are a lot more meaningful and descriptive than "HEY HI".

Days ago the UK-IPO and EPO were both pushing "HEY HI" agenda in public. It was about patents rather than "HEY HI". To quote (with buzzword substitution): "Pihlajamaa added that there are three main categories of HEY HI: inventions on HEY HI such as machine learning, inventions which use HEY HI, and inventions created by HEY HI."

Marvelous, gentlemen! Just marvelous!

Where can I buy some HEY HI?

Show me to your HEY HI leader!

These buzzwords for algorithms would be merely cause for amusement and ridicule if they weren't actively used to feed patent trolls with software patents. There's nothing comical about extortion/blackmail leveraging fake patents that are invalid as per the EPC.

Articles like the one cited above show a degree of complicity inside the media; there have been lots of these lately from World Intellectual Property Review (WIPR), as we noted days ago. We saw at least four in the past couple of days alone. All about HEY HI! In relation to patents:

The EPO’s discussions on AI with member states have focused on four aspects: patentability, disclosure, persons skilled in the art, and inventorship.

With respect to disclosure, Pihlajamaa said there is concern over ‘black box’ patenting, with inventions in the AI space not being sufficiently disclosed in patent applications.

Pihlajamaa added: “I have seen a lot of new technologies and often, when we talk about new technology, there is a new language created…a new [set of] terminology. It takes some time before there is a general agreement on how we express these different things.

“But, as I hear from examiner colleagues, we are already there. There’s already a lot of common understanding about how to draft patent applications [in the AI technology area].”

Sir Robin Jacob, the Sir Hugh Laddie chair of IP law at University College London, added that patent law will survive the fourth industrial revolution of AI, just as it has survived the first three.


So law firms and EPO officials just say "HEY HI" again and again. It "provided “very clear” guidance in this respect, particularly for the first of the two-step patentability test for AI applications," says the next article after that. It's article #18238 in WIPR, the above is #18237:

According to Mike Jennings, partner and patent attorney at AA Thornton in London, the European Patent Office (EPO) has provided “very clear” guidance in this respect, particularly for the first of the two-step patentability test for AI applications.


WIPR used to do some decent work back in the days. It had some decent writers I could speak to; but this publication is nowadays beholden to patent maximalists and this never-ending "HEY HI" craze that they've promoted like a PR campaign says a lot about WIPR.

We should note that not only WIPR is the culprit. There has been much of the same from Managing IP lately, not to mention IAM. And here comes Patently-O with a new post in which Grant Harrison promotes the "HEY HI" hype as part of the attempt to frame algorithms as "HEY HI" and then get bogus patents on them. To quote: "Artificial Intelligence: Artificial Intelligence ( A.I. ) is one of the most sought-after fields in Computer Science. A.I. often implemented an algorithm or machine that can be trained by learning through datasets, the most common approach to this is through deep learning and natural language processing neural networks somewhat resembling human neuronal interactions. A.I is also emerging as a practice-of-law topic, with many ongoing endeavors into automated lawyers and assisted decision making." See the comments there, e.g.: "Every time I hear the term, “artificial intelligence,” our country’s fearless / fearful / feckless pres comes to mind and I chuckle." (the response to which was: "I think that if machines actually had feelings, that you would have just hurt them.")

The EPO officials, not to mention the law firms that support them (patent maximalists support like-minded people), probably think they sound very sophisticated every time they invoke "HEY HI!" Even when projects based on such hype turn out to be epic failures.

Recent Techrights' Posts

Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
 
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026
Slop Causes Global Warming
in some parts of the world people die from overheat (heat strokes) as temperatures reach almost 50 degrees as early as May in the northern hemisphere
Vatican Speaks Out Against Slop, Promoting Instead "Truth, Dignity of Work, Social Justice, and Peace."
Religion (no matter which) does not oppose machines, but LLMs aren't useful machines
SLAPP Censorship - Part 87 Out of 200: Access to Justice
this part will be short
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026